Being charged with DUI is enough…. learning that a speed enhancement penalties threaten an additional 60-day jail term can make things overwhelming.
The California DUI speed enhancement is an added punishment of 60 days county jail if the driver was
- under the influence,
- going 30 MPH over the speed limit on a freeway or 20 MPH over the limit on a street, and
- driving recklessly.
Note that in order to sustain the speed enhancement, the prosecutor must prove all 3 of these factors. Simply proving the speeding and intoxication is not sufficient. They must also show that the person was driving in a reckless manner (such as blowing through red lights or weaving in and out of lanes, cutting people off).
In practice, the speed enhancement can be very difficult for the D.A. to prove, especially the reckless driving part. Our DUI defense attorneys have enjoyed a great deal of success getting this allegation (and sometimes the whole case) dismissed.